§ 1. SCOPE OF APPLICATION
The Terms & Conditions provided herein apply in their most recent form to all services offered by MHC and are accepted by the contractual partner upon placing an order with MHC. The T&C equally apply to additional orders placed in the future, without need for a separate agreement. Any conflicting conditions enforced by the ordering party are hereby superseded. Should MHC upon receipt of such contradictory terms not explicitly disagree with such terms, the conditions of the ordering party will nevertheless not apply. Any deviations from these Terms & Conditions, including appendices and subsidiary arrangements, will only apply once MHC has explicitly confirmed these in writing.
§ 2. PLACING AN ORDER / PAYMENT TRANSACTIONS / CANCELLATION POLICY
An order for services offered by MHC can be placed by post, fax or e-mail.
Upon confirmation by MHC of the respective assignment, the contractual relationship becomes operative and legally binding. MHC’s fee will be charged by means of an invoice before the training services are provided. The invoiced fee must be paid within 14 days from the date of the invoice. The interest on late payments lies at 9 percentage points above the respective base rate. A reminder fee of €15.00 will be charged for the first reminder sent; for every further reminder a sum of €30.00 will be charged. MHC reserves the right to engage a solicitor to collect any outstanding payments; for each reminder involving a solicitor a reminder fee of 7% of the gross value invoiced will be charged. During the period that payment remains outstanding, MHC is not obliged to render any services agreed in the contract. In the case of a default of payment, all reminder fees and collection expenses, as well as the interest on arrears as legally applicable amongst traders at the time of the default of payment, will apply as agreed. All prices stated exclude statutory VAT charges.
Should the ordering party cancel a course that has already been arranged, the following cancellation policy applies: For cancellations up to 6 weeks before the planned start of the course, no cancellation fee will be charged. For cancellations up to 3 weeks before the planned start of the course, a cancellation fee of 50% of the assignment value will be charged. For cancellations up to 1 week before the planned start of the course, a cancellation fee of 80% of the assignment value will be charged. For cancellations that are effected within 1 week before the start of the course, the entire assignment value will be charged. Correspondingly this cancellation rule also applies in the case of an arranged course not being cancelled outright, but the number of participants nevertheless being reduced by more than 1 person. The % rates quoted then refer to the difference between the original sum agreed and the new assignment fee.
§ 3. TEACHING UNITS
One teaching unit comprises 50 minutes. MHC will arrange the training appointment in agreement with the ordering party. Should a teaching unit be cancelled in writing by the ordering party later than 36 hours before the lesson, then the unit will be considered consumed and will be charged in full. Should a teaching unit be cancelled for reasons relating to MHC or to the trainer commissioned by MHC, then MHC will endeavour to offer an alternative lesson in agreement with the ordering party. Should this not be possible, then the ordering party will be entitled to a refund of the fee for the unconsumed teaching unit. The contractually agreed teaching units must be consumed within 12 months from the moment of the order being placed. Should the arranged teaching units still not have been invoiced by this point, they will be payable at the latest upon expiration of this deadline. Any credit on the client’s account will be forfeited upon expiration of this deadline. MHC is not obliged to provide any unconsumed lessons after expiration of this deadline.
§ 4. JURISDICTION
The place of jurisdiction is the relevant court in the Austrian jurisdiction in which the registered offices of MHC are located. In order to be considered valid and legally binding, amendments or subsidiary agreements to these Terms & Conditions must be made in writing, in particular any decision to deviate from the requirement of the written form. Should individual provisions in these Terms & Conditions be or become null and void, the validity of the remaining provisions will be unaffected. For all legal disputes stemming from contractual agreements with MHC, Austrian law will apply with the exception of the reference rules relating to private international law or to the United Nations Convention of Contracts for the International Sale of Goods (CISG).